ITC Litigation: Introduction to Trade Secret Protection at the ITC
Fish & Richardson Trademark & Copyright Thoughts
FEBRUARY 5, 2021
We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] Recall that in a patent-based 337 investigation at the ITC, a complainant must prove 1) that there is a product that has been imported, sold for importation, or sold in the United States after importation; 2) that the product is “infringing”, i.e. , falls within the claims of a valid and enfor
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